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STATE v. SARGENT

No. 54664-9.

111 Wn.2d 641 (1988)

762 P.2d 1127

THE STATE OF WASHINGTON, Respondent, v. JOSEPH SHERMAN SARGENT, Petitioner.

The Supreme Court of Washington, En Banc.

October 27, 1988.

Attorney(s) appearing for the Case

Helen Halpert of Seattle-King County Public Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Sally F. Stanfield, Deputy, for respondent.

DORE, J.

We hold that the State violated Sargent's Fifth and Sixth Amendment rights when a probation officer preparing a sentencing statement failed to give defendant Miranda warnings and assistance of counsel. The interview resulted in a confession which was admitted at Sargent's second trial to establish guilt of first degree murder and first degree arson. Sargent was convicted at that second trial on stipulated facts. We reverse.

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